게임산업진흥에관한법률위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 3,000,000.
The above fine shall not be paid by the defendant.
1. The main point of the grounds for appeal is that the sentence imposed by the court below (4 months of imprisonment) is too unreasonable.
2. Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings and Article 18(2) and (3) and Article 19(1) of the Enforcement Rule of the same Act provide that service by public notice to the defendant shall be made if the whereabouts of the defendant is not confirmed even though the defendant took necessary measures to confirm the whereabouts of the defendant, after six months from the date on which the report on the impossibility of service was received. Article 63(1) of the Criminal Procedure Act provides that service by public notice shall be made only when the dwelling, office, or present address of the defendant is unknown. Thus, in the records, where the defendant's actual dwelling, place of service, telephone number, mobile phone number, etc. are displayed, service by public notice shall be made by public notice or by identifying the place where service by public notice is to be made by public notice to the court below without such measures (see, e.g., Supreme Court Decision 2011Do672, Jul. 28, 2011; 2014Do16314).